Digital Commons Network^™

The Way Forward After Wal-Mart, George Rutherglen

Notre Dame Law Review

The article discusses the case Wal-Mart Stores Inc. v. Dukes, in which the U.S. Supreme denied class action certification in its ruling. It informs that the decision of Supreme Court was opposed by some people in liberal circles, also including Justice Ruth Bader Ginsburg. It presents information that the Justice agreed to a point that a class action certification is not possible under the Federal Rule of Civil procedure 23 (b) (2), which governs class actions in which injunctive relief.

Profiles, Syndromes, And The Rule 405 Problem: Addressing A Form Of Disguised Character Under The Federal Rules Of Evidence, Michael D. Claus

Notre Dame Law Review

The article focuses on concerns related to scientific and predictive profiling of criminals under the Rule 405 of the Federal Rules of Evidence. It reflects on the Rule 405 in which scientists, doctors and criminologists explain the characteristics of a "convicted murderer profile" and discusses how this profiling can be used by lawyers as evidence against defendants. It mentions that people, who are aggressive, use weapons and living with abusive parents, are more likely to turn murderers.

Still Confronting The Confronting The Consolidation Conundrum, Richard Marcus

Notre Dame Law Review

A correction in the name of Joan E. Steinman published in the issue 4 of the Notre Dame Law Review is presented.

In Defense Of Rayburn House: Why The Supreme Court Should Recognize An Evidentiary Privilege Of Non-Disclosure In Its Speech Or Debate Clause Jurisprudence, Christopher M. Kieser

Notre Dame Law Review

The article presents concerns regarding privilege of non disclosure in a defendant's speech. It suggests that the U.S. Supreme Court should resolve concerns related to the separation of powers and the independence of the legislative, with reference to the case United States v. Rayburn House Office Building. It also discusses another court case United States v. Renzi, wherein the decision of the U.S. Supreme Court allegedly failed to protect legislative independence and separation of powers.

Aggregation And Constitutional Rights, Brandon L. Garrett

Notre Dame Law Review

The article focuses on issues related to constitutional rights and its remedies in the U.S. It discusses the U.S. Supreme Court's judgment in Wal-Mart Stores, Inc. v. Dukes, wherein class action against plaintiff Wal-Mart Stores Inc. seeking remedies under Title VII of the U.S. Civil Rights Act of 1964 was decertified. It mentions that individual cases can be misinterpreted, but when aggregated it can improve clarity, legitimacy, participation, and representation.

Nonincorporation: The Bill Of Rights After Mcdonald V. Chicago, Suja A. Thomas

Notre Dame Law Review

The article focuses on the theories of nonincorporation of the Bill of Rights by the Supreme Court of Notre Dame in the case McDonald v. Chicago. It states that several rights including the Second Amendment right, the Fifth Amendment grand jury right and the Seventh Amendment civil jury trial right was not incorporated against states prior to the McDonald case. It discusses the theories of incorporation of rights based on liberty and justice.

Overruling Crawford V. Washington: Why And How, David Crump

Notre Dame Law Review

The article discusses a court case in which decision of Roberts Court on Confrontation Clause was overruled by the Crawford Court. It states that Confrontation Clause provides the right of vigorous cross-examination, right to face-to-face presentation of witnesses and the right to severance to the criminal defendant. It highlights several Payne-Parenthood factors supporting the overruling of Crawford including fewer disturbances in reliance interests, dissenting justices and judicial fudging.

The New Intrusion, Jane Yakowitz Bambauer

Notre Dame Law Review

The article focuses on a new taxonomy introduced for organizing privacy regulations across several stages of information flow including observation, capture and dissemnation. It states that the tort of intrusion imposes liability upon seclusion offers and provides recourse for the observation of data. It also highlights the application of intrusion on modern settings such as web tracking technologies and global positioning systems.

Privatizing Workplace Privacy, Paul M. Secunda

Notre Dame Law Review

The article focuses on the maintenance of privacy rights by the public and private sector employees in their physical and electronic workplace locations. The article proposes the adoption of new approach by the U.S. Supreme Court for searching workplace and discusses the laws related to workplace privacy in the public sector. The article also discusses the cases of Magno J. Ortega, plaintiff v. Dennis M. O'Connor, executive director, Napa State Hospital and City of Ontario v. Sergeant Quon.

Waiting For The Justice League: Motivating Child Welfare Agencies To Save Children, Kelli M. Mulder-Westrate

Notre Dame Law Review

The article focuses on child safety and discusses a case of Joshua DeShaney, a child abuse victim who claimed against his father in the U.S. Supreme Court. The article argues on the intervention of a child welfare worker in a family and offers suggestions to protect the rights of abused children. The article discusses several requirements of a claim filed by an abused child including a substantiated report of child abuse, child welfare agency intervention and a permanent injury from abuse.

Law Library Newsletter, Volume 4, Issue 3 - November/December 2012, Kresge Law Library

Law Library Newsletter

Learn an easy way to come up with (and REMEMBER) a mind‐bogglingly complex password for your NetID and online accounts. Meet the student Circulation.

New Bluebook App
Business Insider Ranks the Most Influential Law Blogs
Law School Halloween Pictures

Picturing Takings, Lee Anne Fennell

Notre Dame Law Review

Takings doctrine, we are constantly reminded, is unclear to the point of incoherence. The task of finding our way through it has become more difficult, and yet more interesting, with the Supreme Court's recent, inconclusive foray into the arena of judicial takings in Stop the Beach Renourishment. Following guideposts in Kelo, Lingle, and earlier cases, this essay uses a series of simple diagrams to examine how elements of takings jurisprudence fit together with each other and with other limits on governmental action. Visualizing takings in this manner yields surprising lessons for judicial takings and for takings law more generally.

Jurisprudence That Necessarily Embodies Moral Judgment: The Eighth Amendment, Catholic Teaching, And Death Penalty Discourse, Kurt M. Denk

Notre Dame Law Review

The article compares the U.S. Jurisprudence with the death penalty teaching of the Catholic Church through a court case of Patrick Kennedy v. Louisiana Supreme Court. It focuses on the Eighth Amendment Jurisprudence and argues on the translated approach of Catholic Church to advance the death penalty discourse. The article also discusses moral judgment embodied by the Eighth Amendment Jurisprudence.

An Insider's Guide To Notre Dame Law School 2012, Notre Dame Law School

About the Law School

We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were just a couple of years ago, you probably have plenty of questions about law school and Notre Dame. That's why we've prepared the Guide. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that once you look through that window, you'll be as eager to join us as we are to have …

Supplemental Brief Of Professors Anthony J. Bellia Jr. And Bradford R. Clark As Amici Curiae In Support Of Respondents, Christopher J. Paolella, Anthony J. Bellia

Court Briefs

No. 10-1491
Esther Kiobel v. Royal Dutch Petroleum Co.

On Writ of Certiorari to the United States Cour of Appeals for the Second Circuit

From the Summary of Argument

This case squarely presents the question whether ATS jurisdiction extends to claims solely between aliens. The plaintiffs and defendants are all aliens; no U.S. citizen or corporation has ever been a party to the case. Because the issue of party alignment under the ATS is a question of subject matter jurisdiction, the parties cannot waive it, and either the Court or a party may raise it anytime. And the question whether …

Insiders, Outsiders, And The American Dream: How Certificate Of Necessity Laws Harm Our Society's Values, Timothy Sandefur

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Bringing The Market To Students: School Choice And Vocational Education In The Twenty-First Century, Lia Epperson

Notre Dame Law Review

An essay is presented on the need of providing students with material and industrial foundation through higher education. The history of technical and vocational education in public schools, related federal legislation and the current state of education system is discussed. The issues related to college matriculation, employment status in young people and the mismatch between the education and the economic and industrial requirement of the nation is also discussed.

Generation C: Childhood, Code, And Creativity, Andrea M. Matwyshyn

Notre Dame Law Review

The article presents information on the impact of technology on children and the inability of law in addressing the resulting challenges. The need of controlling the digital space, the tensions related to unsustainability of data privacy, information security and free speech is discussed. The digital commercialization, childhood privacy and entrepreneurship in adulthood are also discussed.

A Decade Of Reversal: The Ninth Circuit's Record In The Supreme Court Through October Term 2010, Diarmuid F. O'Scannlain

Notre Dame Law Review

The article presents a speech by the U.S. Court of Appeals judge Diarmuid F. O'Scannlain delivered at a lecture in St. John's University in which he discussed the performance of the court. He informs that the U.S. courts offered wrong decisions in 81 percent of cases that Supreme Court agreed to hear. The interpretation of federal law, unanimous reversal of cases and summary reversal is also discussed.

Enforcement In Kind: Reexamining The Preemption Doctrine In Arizona V. United States, William Hochul Iii

Notre Dame Law Review

The article focuses on a legislation enacted by Arizona which offered powers to the state and local officers for enforcing immigration law and perform immigration checks in case of reasonable suspicion. A reexamination is conducted based on preemption in immigration law jurisprudence for analyzing federal and state conflicts with reference to the trial of Arizona v. United States. The affirmative duties of the officers and the enforcement mechanism of the U.S. Congress are also discussed.

The Dream Act: We All Benefit, Roger M. Mahony

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

A Congressional Perspective On The Patriot Act Extenders, Daniel E. Lungren

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Exploring The Legal And Moral Bases For Conducting Targeted Strikes Outside Of The Defined Combat Zone, Joshua Bennett

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

What Happens To The Bad Apples: An Empirical Study Of Suspensions In New York City Schools, Peter H. Schuck, Matthew Matera, David I. Noah

Notre Dame Law Review

The article presents information on the need of improving the social condition and opportunity of low income group with reference to the public school system. The increase in the number of suspended students, importance of classroom management and the disruptive behavior of students is discussed. The educational environment, extended due process rights of students and the related educational legislation and regulations is also discussed.

Ndls Update 05/29/2012, Notre Dame Law School

NDLS Update

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.

Professor G. Robert Blakey, Diploma Ceremony Address, G. Robert Blakey

Commencement Programs

Professor G. Robert Blakey

Remarks at Graduation May 19, 2012

I speak today as a surrogate for Professor Jay Tidmarsh, who is at his son’s graduation back East.

Great Wildcard: How 2011 Shook The Online Poker World And Became A Game-Changer In The Battle For Legalization, The;Note, Kerry O'Brien

Journal of Legislation

No abstract provided.

Friend, Not Foe: The Role Of Civil Society In Preventing Violent Extremism, David Cortright, Alistair Millar, Linda Gerber-Stellingwerf, George A. Lopez

Notre Dame Journal of International & Comparative Law

No abstract provided.

Apocalyptic War Rhetoric: Drugs, Narco-Terrorism, And A Federal Court Nightmare From Here To Guantanamo, Thomas A. Durkin

Notre Dame Journal of International & Comparative Law

No abstract provided.

Terrorism In Violation Of The Law Of Nations, Juliet Sorensen

Notre Dame Journal of International & Comparative Law

No abstract provided.